Initial Enquiries For Advice - Next Steps After Decree

[dfh101]

I had a court decree for a credit card (approx £6000)

I used for expenses in a business that went bust

It did not get paid back in approx 2006,

 

Just checked my credit files with all agencies and nothing showing up, must be more than 6 years ago.

 

I get letters from a solicitor every few months asking for a payment or they will enforce the decree.

I have never responded to any of them as I have no income, no assets and no means to pay,

 

Over the last 6 years they have sent debt collectors/tracers to my home 4 times and all have been told the same thing re my circumstances and if they wish to bankrupt me then go ahead and do it.

 

The question that I have is how long does a Scottish decree remain live and enforceable.

If they could enforce it what can they do and what am I actually obliged to tell them.

 

Many Thanks

 

 

David From Hawick

[dx100uk]

so when was the decree taken out..

 

dx

[dfh101]

Thanks for looking at my query, as far as I can tell the decree was made in october/nov 2006.

 

Thanks

 

David From Hawick

[dx100uk]

I think a decree is the same as a ccj

if not enforced over 6yrs

its dead

and they have to go back to court to enforce it

which is as rare as hens teeth.

 

dx

[IdaInFife]

was the card registered as personal or business?

[dfh101]

was the card registered as personal or business?

 

Hi, it was a personal card in my name.

 

Thanks

 

Dave From Hawick

[IdaInFife]

That's fine

 

As DX said they would need to reapply to the court to complete any enforcement action.

[Newborn]

Have I got this wrong, I thought a decree was enforceable for 20 years? ( see - bdl.org.uk/images/prescriptions.pdf)

[dfh101]

Hi,

 

The time has come to deal with matters,

have had a court decree in august for £11.5k for a credit card debt so things have progressed,

Have now been served with an inhibition and a charge for payment of money by sheriff officers.

What would be my next best steps.

 

Thanks for any help.

 

Current situation is i am employed,

a sole home owner,

live with husband who has no Income /mental health issues,

 

He has no credit problems.

2 children,

1 aged 15 at school and

1 aged 18 who's just started university but living at home as we obviously cant fund them.

 

Due to a change of job position and a reduction in tax credits etc my income is 7K less per annum in real terms than 5 years ago.

 

Total Monthly Income is £1745.29

 

Employment : £1560.23 Per Month

Child Benefit : £82.80 Every 4 weeks

Child Tax Credit : £102.26, Every 4 weeks

Notes : Child benefit and Child tax Credits Are joint claims, They are paid to husbands account.

 

Assets :

 

House – Interest Only Mortgage of £92k Approx in my name only, Value of 100k Approx before selling and legal costs.

Car 1 - In My Name, we buy any car valuation £450, nothing outstanding.

Car 2 – Husbands car In Husbands name only, we buy any car value £4800, Loan outstanding £4860

 

Joint Current Monthly Outgoings : £1799

 

£190 Mortgage

£30 Santander Overdraft Fee Monthly

£21 Term Assurance On Husbands Life

£9 Term Assurance On My Life

£90 Electric Only (No Gas)

£31 Phone & Internet (No TV)

£70 My Petrol

£30 Husbands Petrol

£21 My Road Tax

£125 Car Loan In Husbands Name Only

£20 My Vehicle Maintenance

£20 Husbands Car Maintenance

£22 Husbands Car Insurance

£21 My Car Insurance

£63 4 x Mobile Phone Contracts, In Husbands Name Only

£21 Buildings & Contents Insurance

£113 Council Tax (No Arrears)

£20 Property Maintenance

£550 Food, Cleaning & Toiletries

£30 Pocket Money For Child At School

£60 School Diners For child at school

£12 School Uniforms for child at school

£40 Clothing

£40 Haircuts

£12 TV Licence

£20 Dentist & Opticians

£50 Fitness Etc

£10 Misc

£25 Gifts Etc

£25 Holidays/ Trips Etc

£100 Husbands Credit Card

 

My Creditors : Mortgage £92000 - Other : £43,300

 

Birmingham Midshires : Interest Only Mortgage £92000, No Arrears Ever.

Barclaycard : Credit Card - £11,500 - - Have not Paid in 2 Years, Has taken a Decree in the last month (Min Payment was £210pm)

Halifax : Overdraft -£1,600.00 - Have not paid since last Year

Very: Catalogue - £2200 - Have not paid since late last Year

BOS Card : Credit Card - £9,500 - Have not paid since late last Year (Min Payment was £120pm)

MBNA Card : Credit Card - £11,000.00 - Have not paid since last Year (Min Payment was £210pm)

Post Office : Credit Card - £6,500 - - Have not paid since late last Year (Min Payment was £120pm)

Santander : Overdraft - £1000 – Using to the limit every month, Paying £30 Overdraft fee a month as main account

 

Husbands Creditors / Commitments :

 

Car Loan : £125pm, Balance £4860, We buy any car value - £4800, No Arrears, 39 months left

Credit Card 1 : £100pm, £1400 Balance from holiday last year, No Arrears

Credit Card 2 : £0pm, No Balance

Mobile Phone Contracts : £63 per month ( 4 Contracts), No Arrears

[dx100uk]

why didn't you contest the ordinary cause?